SACRAMENTO DUI LAWYER
Driving under the influence is a serious crime with some harsh penalties. Contact a Sacramento DUI lawyer at the Law Offices of Alin Cintean for free consultation.
Over 200,000 drivers are arrested each year for driving under the influence in California alone and the administrative penalties vary. Before you can be sentenced of drunk driving though, the prosecution must establish three things.
- The first is that the officer who arrested you must have had probable cause to stop you, like speeding or running a red light for example.
- Second, you must have violated California’s DUI laws by driving with an illegal blood alcohol content (BAC) of .08 or refused to perform a chemical test.
- Lastly, the arrest must have been lawful. If all three of these are not met, the charges against you should be dismissed.
The best thing you can do if you are arrested for a DUI is hiring a Sacramento DUI lawyer who could help you in knowing what to expect and guide you through the process. A first offense can result in a variety of consequences:
- Your license will be suspended for at least one year, you’ll be fined fees between $1,500 and $2,000 and required to spend two days in jail.
- You’ll also be required to attend an alcohol-awareness course that may take several months to complete.
- Furthermore, you’ll be sentenced to between three to five years of probation.
- There are even further complications after your license is reinstated.
- The cost of your car insurance may double or even triple and even after just one DUI conviction, the average California driver will see their premiums increase by an average of $2,500 per year.
- Even worse, your crime will show up on employer-conducted background checks for 10 years or longer.
Remember, a first DUI charge in Sacramento County is a criminal offense and will be on your record for life.
Proving a Sacramento County DUI case can be a challenge for the prosecution because if there are mistakes that can be shown by the arresting officers at any point during your DUI arrest, you have noteworthy increased chances of winning the case. If the police officers make an important error in their police report or while collecting breath and field sobriety test evidence, a skilled DUI attorney will discuss options and defense strategies with you.
The Law Offices of Alin Cintean provides exceptional DUI defense in Sacramento, CA
We pride ourselves on providing exceptional criminal defense services to any Californian who needs it. We appreciate your desire to understand what is happening in your case, and we work exhaustively on your behalf. Our criminal defense lawyers are available nearly 24/7 to answer your questions. Contact us online or by telephone at (916) 441-3500.
ARRESTED FOR A SECOND DUI?
If you are arrested for a DUI for the second time within a 10 years from your first DUI, the result will carry harder fines and penalties. You will be even harder to insure with insurance company significantly raising your premium. You need the help of a Sacramento DUI lawyer.
A second drunk driving condition can carry potential penalties of:
- informal or summary probation for three to five years;
- a minimum of 96 hours (4 days) to a maximum of 1 year in a county jail;
- fines in that could amount from $390 to $1,000.00;
- an 18-month or 30-month court-approved alcohol and/or drunk education program;
- up to two-year driver’s license suspension
While the fines can go up to $1,000.00 but convicted drivers can generally count on an additional penalty assessment fee that’s 3 times that number. Towing fees, treatment fees, court costs, restitution fund fee, it all adds up. Just like after the first DUI arrest, after you are arrested for the second DUI the police officer will take away your driver’s license. Your license will automatically be suspended by DMV for a period of 30 days.
Just like after your first DUI arrest, you have only 10 days after your second DUI arrest to contact DMV to request a hearing to request a restricted license. If you fail to do that you license will be suspended for up to 2 years. But unlike the after the first arrest, the request for “restricted license” is not automatically granted. You will need solid representation from a experienced DUI attorney versed in second/third DUI arrests.
To keep you out of jail, working and driving you will need aggressive representation. Protect your rights, contact a Sacramento DUI lawyer Alin Cintean and we will guide you through the legal process and make sure you get a fair evaluation.
UNDER AGE DUI ARREST
The State of California has a “zero tolerance” policy when it comes to driving while intoxicated for individuals who are under 21 years of age.
What that means for you is that if you are under 21 and there is any amount of alcohol in your system, even as little as 0.01% blood alcohol content or BAC level, you will be arrested and charged.
If you are under 21 and suspected of DUI this policy subjects you to a mandatory testing, i.e, breathalyzer. However, anything from mouthwash, to chewing gun, mints and energy drinks may affect the reading. It is important to discuss your case with an experienced DUI attorney in Sacramento, call us today.
Unlike a regular DUI the question before the court will not be whether you were under the influence of alcohol, but rather whether you had any alcohol.
Depending on the charge, the penalties can include, but not limited to,
- automatic suspension of your driver’s license, if you have one, and one year delay in obtaining your driver’s license if you do no,
- fines and penalties,
- a mandated court-approved alcohol program,
- participation in programs that will require visits to the Emergency Room, coroner’s office;
- up to 1 year in the county jail.
Without an experienced DUI attorney by your side you will be prosecuted to the full extent of the law even if your breathalyzer reading was an error. To protect your rights and improve your chances of obtaining a favorable outcome for your case, it is important to discuss your case with an experienced DUI attorney in Sacramento.
REFUSING FIELD SOBRIETY TESTS
Few motorists realize that they have the right to refuse an officer’s request for field sobriety tests (FSTs). There is no legal requirement that a driver must perform FSTs before or after an arrest. An officer can only request, not compel, a motorist to perform tests. The critical issue is whether the refusal to perform FSTs is admissible as evidence of intoxication.
The legal argument is threefold, and only one is necessary to justify a refusal to perform field sobriety tests:
- There is no statutory authority that a motorist is required too perform the tests;
- The officer did not inform the defendant that a refusal to perform the tests would be used as evidence in court (this may not be applicable in some cases);
- and The evidence does not prove intoxication.
Be sure to have your attorney file a motion to suppress this evidence so the issue will be preserved for a possible appeal.
To keep you out of jail, working and driving you will need aggressive representation. Protect your rights, contact a Sacramento DUI attorney Alin Cintean and we will guide you through the legal process and make sure you get a fair evaluation.
Myth No. 1 – Alcohol on breath is a reliable sign of alcohol intoxication. Alcohol is actually odorless. What officers perceive as alcohol on breath is actually an odor of the beverage. For example, a person who will drink a non-alcoholic margarita or beer, will have the same smell on his or her breath as a person who drank an alcoholic beverage of the same kind.
Myth No. 2 – Breathalyzers and other breath tests are accurate. Actually, without proper maintenance these devices can show a misreading unto 20% higher than your actual blood alcohol level. Anything from mouthwash, to chewing gun, mints and energy drinks may affect the blood alcohol content or BAC reading of the devise.
Myth No. 3 – Police officers cannot influence BAC reading. The alcohol concentration changes considerably during breathing. The last part of the breath can contain over 50% above the actual BAC. Peace officers know this, that is why they tell you to blow harder for a long period of time. That way they get the last part of the breath containing a higher BAC.
Myth No. 4 – If I want to challenge by DUI charge I am going to have to take it to trial. In reality less than 10% of DUI cases actually end up in trial with a jury present. The prosecutor has a ton of work and is willing to negotiate a plea bargain, that will make his job easier. However they know you do not know the law and will not offer you anything worth taking. An aggressive representation can get you a plan of action which will result in a lesser sentence, less fines, less headache.
Myth No. 5 – I drank, I drove, therefore I am guilty. Drinking and driving is not against the law. Drunk driving is. The State of California defines drunk driving when you BAC is .08 or above. If you are over 21 and your blood alcohol level is below .08, you committed no crime.
Myth No. 6 – A lawyer cannot help me, they only charge money. Quite to the contrary. Having knowledgeable, experienced and aggressive representation can reduce your sentence and minimize exposure. When hiring a Sacramento California DUI attorney there should be no hidden fees. Even if it is a flat fee contract read it slowly and carefully and make sure you understand every part of what you are signing.
To protect your rights and improve your chances of obtaining a favorable outcome for your case, it is important to discuss your case with an experienced DUI attorney.
CONTACT SACRAMENTO DUI LAWYER
The Law Offices of Alin Cintean offers comprehensive criminal defense from the beginning of your case through the final appeal. Let our defense attorney in Sacramento defend your rights. Contact us online or by telephone at (916) 441-3500 to arrange a personal consultation with Alin Cintean today.
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